As the season for art fairs in Miami approaches, owners of commercial and residential buildings may wish to temporarily display artists' works on their spaces to promote those art fairs or even their own spaces. Expectations regarding the display of those works of art may differ between the space owners and the artists that create the works. Unfortunately, sometimes differing expectations may lead to litigation and parties incurring attorney fees and costs.

Pop-up art displays and murals will likely cover certain parts of Miami-Dade County as we enter into Miami's “winter” months. Frequently, visiting and resident artists will prepare new, temporary works of art on the outside of buildings, including street graffiti murals on the façade of repositioned warehouses, especially in areas like Wynwood. Owners and landlords would be well served to understand their rights associated with allowing artists to use their spaces ahead of time. Once given a choice location to display their art, an artist may not take kindly to attempts to remove that art. Once the art is on the property, there could be repercussions to removing the art or even from profiting from having the art on the space. Artists may seek to protect their rights under copyright law, contract law, and through other claims. How long a work stays on display, how well-known the work is or becomes, and how visible the work is are just some of the factors that may impact the risk of such claims.

One law that might give rise to a claim is The Visual Artists Rights Act of 1990 (17 U.S.C. 106A) (VARA). VARA sets forth protections for the rights of artists under certain circumstances. VARA may allow artists to seek monetary damages if a work is distorted, mutilated or modified.